Effective Date: 10/27/2022
BenefitsBoost® (“BenefitsBoost®” or “we” or “us”) is owned and operated by A.K. Bergmann, LLC, a Missouri limited liability company, and this Terms of Service shall equally relate to both BenefitsBoost® and A.K. Bergmann, LLC.
When you use BenefitsBoost's website (www.benefitsboost.com) (“Services”), you agree that the Terms of Service (“Agreement”) are entered into by and between you and BenefitsBoost® and govern your access to and use of the Services.
By using or accessing BenefitsBoost's Services, you acknowledge and agree that you have fully reviewed and understand the terms of this Agreement, including BenefitsBoost's Privacy Policy, and that you accept them as legally binding upon yourself as of the initial use or access of BenefitsBoost's Services. You agree that BenefitsBoost® may at any time terminate your access to and use of the Services, or any part thereof, with or without notice, based on BenefitsBoost's determination, in its sole discretion, that you have violated this Agreement, or that other conduct or circumstances exist which warrants such action. You further agree that your use and access of the Services shall be immediately terminated if you violate this Agreement.
In order to protect your Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) (collectively “Personal Information”), we may amend the Agreement at any time and shall notify you of any material changes on BenefitsBoost's website. The date of the last revision to the Agreement will be indicated by the “Effective Date” on this page.
In exchange for using BenefitsBoost's Services, you agree to the following:
Depending on the circumstances, BenefitsBoost® may permanently terminate your access to the Services. Notwithstanding any provision in any agreement or policy to the contrary, BenefitsBoost® reserves the right to refer users and matters to law enforcement and to cooperate fully with law enforcement or the judicial system regarding any illegal conduct related to the Services. You release BenefitsBoost® from all causes of action, claims, demands, losses, or liabilities (“Claims”) and waive all Claims against BenefitsBoost® arising out of or related to any referral by BenefitsBoost ® to law enforcement.
You agree to allow BenefitsBoost® to collect Personal Information such as contact information, personal background, employment, medical, disability, and payment information, among other details. This information will be used to support and enhance the Services and to provide you with a personalized experience.
The content of the material provided by BenefitsBoost® on the Services is copyrighted by BenefitsBoost®. BenefitsBoost® retains all copyrights and other proprietary rights in or relating to any content provided on the Services. Except as expressly provided herein, BenefitsBoost ® and its suppliers or other persons providing links to the Services or from which links to the Services are directed do not grant any expressed or implied right to you under any patents, copyrights, trademarks, or trade secrets.
You expressly understand and agree that your use of, and reliance upon the Services is at your sole risk and is made available on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, and the warranty of non-infringement. BenefitsBoost ® shall not be liable for any loss or damage caused by any virus or other harmful material that may infect your hardware, programs, data, or other material because of or related to your use of the Services.
BenefitsBoost® makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, efficacy, sufficiency, correctness, veracity, value, completeness, timeliness, error-free, or quality of the Services. BenefitsBoost® expressly disclaims, and you unequivocally release, all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. BenefitsBoost® disclaims all liability and responsibility arising from or related to any user relying on any information provided by the Services. You expressly agree that your use of the Services is at your sole risk.
The Services may contain links to third-party websites that are not under the control of BenefitsBoost®. BenefitsBoost ® makes no representation whatsoever about any other website to which you may have access through the Services. BenefitsBoost® assumes no responsibility for errors or omissions in the information, documents, software, materials, and/or services that are referenced by or linked to the Services. When you access third-party websites, you do so at your own risk, and BenefitsBoost® is not responsible for the accuracy or the reliability of any information, data, opinions, advice, statements, materials, or quality made on these sites or for the quality of any products or services available on such sites.
You agree to defend, hold harmless and indemnify BenefitsBoost ® and its affiliates and subsidiaries and all of their collective managers, members, volunteers, directors, officers, employees, agents, subcontractors, attorneys, insurers, respective successors, and permitted assigns (collectively referred to as the “BenefitsBoost® Indemnified Parties”) from and against any and all Claims and demands, including, but not limited to court costs, reasonable attorneys' fees and litigation expenses, asserted by any third party due to or arising out of or relating to any act or omission committed by you in your use of the Services, the performance of your duties or obligations under this Agreement, or your breach of this Agreement.
Any damages of BenefitsBoost® and the BenefitsBoost ® Indemnified Parties shall be limited as set forth in this Agreement and to the fullest extent provided by law. Regardless of whether the parties have been advised of the possibility of damages, the BenefitsBoost® Indemnified Parties will not be liable to you, based on any cause of action or theory of liability, for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, but not limited to, any loss of goodwill, opportunity, profits, and reputation; costs of business interruption and computer failure or malfunction; loss of content, data, or use; and emotional distress and pain and suffering arising out of or in any way connected with the use or performance of the Services, with the delay or inability to access or use the Services, with the failure to provide services, with any content, software, products, and services made available or obtained through the Services, or otherwise arising out of the use of the Services. This limitation of liability is a critical component of the basis of the bargain between you and BenefitsBoost ®.
Notices, announcements, and other messages will be provided to you either through the Services or sent to you using the contact information you provide to BenefitsBoost® (e.g., physical mail, email address, or telephone number).
This Agreement shall be governed by and interpreted in accordance with the laws of the state of Missouri regardless of any conflicts of law principles. The sole and exclusive jurisdiction for any legal proceeding arising out of or related to this Agreement shall be the federal or state courts located in St. Louis County, Missouri, and you consent to personal jurisdiction and agree venue is proper in such courts.
Any Claim you may have against BenefitsBoost® or the BenefitsBoost® Indemnified Parties shall be commenced within one (1) year after the cause of action has accrued or else the Claim shall be permanently barred.
Any failure by BenefitsBoost® to strictly enforce or exercise any of its rights under this Agreement will not act as a waiver of such rights or any other rights, unless such waiver is set forth in a written instrument signed by BenefitsBoost®.
The section titles in this Agreement are provided solely for organizational purposes and have no legal or contractual significance.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be considered void and excised from the Agreement, and the remainder of the Agreement shall remain fully operative and binding on the parties.
You may not assign or delegate any rights or obligations under this Agreement.
Unless otherwise required by law, the controlling language of this Agreement is English. In the event of an inconsistency or discrepancy between the English interpretation and any translation in another language, the English interpretation shall prevail.
This Agreement is the entire agreement between you and BenefitsBoost ® and supersedes any and all prior assumptions, representations, or understandings with respect to its terms and conditions.
Either party may terminate this Agreement at any time for any reason. Any provision shall survive the termination of this Agreement if the provision by its terms survives or is reasonably expected to survive.
If you wish to make purchases through the BenefitsBoost® website, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold BenefitsBoost® liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the BenefitsBoost® website. You agree that all information you provide any merchant or information or service provider through the BenefitsBoost® website for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information, and services through the BenefitsBoost ® website set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the BenefitsBoost® website.
We may immediately terminate this Agreement if you do not pay the fees when due in accordance with the optional services you purchase. In the event this Agreement is terminated for cause by you due to our a material breach which remains uncured, you shall be entitled to a refund of services you purchased. Your obligation to pay accrued charges and fees accrued up to the date of termination shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on your use of the Services outlined in this Agreement shall survive such termination.
BenefitsBoost® reserves all rights not expressly granted to you by this Agreement.
You may contact BenefitsBoost® at support@benefitsboost.com.